New Sand Mining Policy - 2014 for the State of Telangana
GOVERNMENT OF
TELANGANA
ABSTRACT
Mines &
Minerals – New Sand Mining Policy - 2014 for the State of Telangana – Introduced - Orders – Issued.
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INDUSTRIES AND COMMERCE (MINES.I) DEPARTMENT
G.O.Ms.No.38 Dated:
12.12.2014.
Read
the following :
1)
G.O.Ms.No.24, Ind. & Com.(M.I) Department, dated 12-02-2007.
2)
G.O.Ms.No.84, Ind. & Com.(M.I)Department, dated:10-04-2007.
3)
G.O.Ms.No.142, Ind& Com.(M.I) Department, dated:13-10-2012.
4)
G.O.Ms.No.154, Ind & Com(M.I) Department, dated:15.11.2012.
5)
G.O.Ms.No.186, Ind. &Com.(M.I)Department, dated;17.12.2013.
6)
G.O.Ms.No.63, Ind. & Com.(M.I) Department, dated:22.02.2014.
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O R D E R
:
In
the reference 1st read above, the subject matter “auctioning of
sand” was transferred from Panchayat Raj Department to Industries and Commerce
Department. Subsequently, suitable amendments to APMMC Rules 1966 were issued
in respect of auctioning of sand and for regulation of sand quarrying in the
State of Andhra Pradesh
vide reference 2nd read above.
2. As per the orders issued in the reference
2nd read above, sand reaches were auctioned to the highest bidder.
Subsequently, in view of the Supreme Court ruling in the case of Deepak Kumar
vs State of Haryana and also since under the auction system, Government was not
able to control the price or the leakage of revenues, orders were issued in the
reference 3rd read above for allotment of sand reaches by draw of
lots from eligible applicants, as amended relevant rules from time to time vide
references 4th to 6th read above. However, this system also did not work well
as there was a lot of leakage of revenue and Government did not get a boost as
expected. Therefore, the Government felt
that there is every need to review and revise the existing Sand Policy.
3. Accordingly, the Government after careful
examination and consideration of the matter in detail, hereby introduces the
New Sand Mining Policy-2014 for the State of Telangana.
The Salient features of the New Sand Mining Policy-2014 are as follows:-
(i) Sand is available in the State from (3)
sources, viz., 1) Rivers and streams, 2) De-silting of Reservoirs and 3)
De-casting of Private Patta Lands
(ii) The Sand available from Rivers and streams
is categorized into I to V order depending on size and capacity. In I-order
streams, the source is small village stream or vagu while V-order would be
large rivers like Krishna and the Godavari.
(iii) Sand in I and II order streams will be left
to the Local Body and Villagers for domestic needs, Government sponsored weaker
section Housing schemes for which no seigniorage charges are collected.
Extraction of sand from said order streams for construction of Local Body
buildings like schools, community halls etc., will be allowed subject to
payment of Seigniorage Fee by the consuming agency. The excavation and
transportation of sand shall be manual and no mechanical means be allowed and
no sand be transported outside the local jurisdiction.
(iv) Sand
in III, IV and V order streams will be allowed for exploitation subject to
WALTA Rules and Regulations.
(v) A
preliminary identification of sand available in III, IV and V order streams
will be done by the Mines and Geology Department in consultation with the
Irrigation, Ground Water and Revenue Departments. These reaches will include
left banks of Tungabhadra River, Krishna
River including project backwaters,
the Godavari river and its tributaries and all
project de-siltation areas.
(vi) Based
on preliminary identification, the District Level Committee under the
Chairmanship of Joint Collector will meet and cause inspection of all stretches
and give a feasible area report based on WALTA criterion. The feasible areas
will be allotted to the Telangana State
Mineral Development Corporation Limited (TSMDC) for excavation, regulation and
supply of sand. The TSMDC will then obtain all statutory clearances like EC,
Mining Plan, Environment Management Plan, CFE and CFO. Once PCB clearance is
obtained extraction of sand can start.
(vii) Sand available by way of de-silting of reservoirs will also be
allowed to be exploitation. The same shall be identified in consultation with
the Irrigation Department.
(viii) The feasible sand reaches identified in the III, IV and V order
streams as well as sand available under de-silting of reservoirs will be handed
over to the TSMDC for extraction.
(ix) The
TSMDC will appoint raising contractors for the sand reaches identified under a
strict competitive bidding process. The sand so excavated will be moved to
stockyards managed by the TSMDC. The stockyards can be near the sand reach.
Additional stockyards near urban habitations, especially the Municipal
Corporations can also be created.
(x) Sale of sand to all
consumers, small, medium or large, will be from these stockyards. Sale of sand from these
stockyards will be controlled by electronic surveillance (CCTVs) and electronic
documentation linked to a central documentation monitoring facility. The
way-bills for transportation of sand will have the security seal of the TSMDC
and will be stamped with date and time. The vehicles will be tracked by way of
GPS. Any sand lorry found without TSMDC way-bill will be illegal and the
vehicle should be seized.
(xi) The
intention of the Government is to ensure adequate quantity of the right quality
of sand is available at a reasonable price to the people of the State.
(xii) Sand mining in tribal areas will be governed by the provisions of
the Panchayats Extension to Scheduled Areas (PESA) Act of 1996, PESA Rules of
2011 and the WALTA Act Rules of 2004.
(xiii) The present system for sand permits in Patta lands shall
continue, but with more rigorous vigilance and inspections. The demarcation of
Patta lands has to be done very accurately and further ensured that no mining
takes place outside the Patta lands. If ad valorem rate of seigniorage is
imposed, the TSMDC rate will be the bench mark for seigniorage charges for
Patta lands also.
(xiv) The Government shall fix the rates and revise the rates of
Siegniorage Fee as per the situation/demand warrants.
(xv) Rock sand is a good alternative
to natural sand. Availability of rock sand will reduce the pressure on natural
sand which is not found abundantly in the State of Telangana. The technical viability of Rock
Sand has been established without doubt. In fact L&T has been using rock
sand for the Hyderabad Metro-Rail Project.
(xvi) Rock sand manufactured can be accorded industry status as long as
the unit manufactures 100% rock sand. Right now only 20% of the capacity is
being used for manufacture of Rock Sand. VAT and power subsidy can be extended
prospectively. Regular incentives can be given for new units.
(xvii) In addition, preference in quarry lease allotment will be given
for units manufacturing Rock Sand. Existing Stone Crushers can be accorded
ancillary status provided the crusher rock sand is certified by ISO/NAC/NCCMB.
(xvii) Government Departments shall be mandated to use at least 50% of
Rock Sand in Government constructions.
4. In accordance with the New Sand Mining
Policy-2014 necessary Rules under Section 15(1) of M&M(D&R) Act, 1957
will be issued separately.
5. All notifications/orders issued earlier
for allotment of sand reaches, if any shall be regulated in accordance with the
New Sand Mining Policy-2014.
6. The Government may review the Sand Policy
in future as and when required from time to time and issue the
Guidelines/amendments accordingly.
7. The policy shall come into force with
immediate effect.
8. The Director of Mines and Geology, Hyderabad shall take
further necessary action in the matter accordingly and make necessary
arrangements for wide publicity of the policy.
[BY
ORDER AND IN THE NAME OF THE GOVERNOR OF TELANGANA]
K. PRADEEP CHANDRA
SPECIAL CHIEF
SECRETARY TO GOVERNMENT ANDCOMMISSIONER FOR INDUSTRIAL PROMOTION
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